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Can I remove a felony from 20 years ago if I have had no law/legal issues since then? (Washington State) What is the process?

Seattle, WA |
Filed under: Felony crime

Completed all terms - fulfilled all obligations-

Need steps to remove/expunge to remove-

Can I do it by myself without representation?

Attorney Answers 3

Posted

You can do it by yourself, but a lot of people start the process and then call us to finish things up if there are difficulties. Here's the general process:

Go to WSP's website and click on the Washington Access To Criminal History (WATCH) tab and order your criminal history. If your conviction was in King County, go to King County Superior Court's Forms page and go to the restoration forms. They are pretty self explanatory. Fill them out and file them with the court and serve a copy on the prosecutor's office. Call the prosecutor and check the status of the motion a couple of weeks later. There's a bit more to it than that, but this should get you started.

Feel free to call me if you have any questions.

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Alexander M. Ivakhnenko

Alexander M. Ivakhnenko

Posted

Very good note.

Ryan Hogaboam

Ryan Hogaboam

Posted

I agree with Mr. Oliver. Here is a good source for the forms he mentions: http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=38

Asker

Posted

Thank you so very much for your detailed answer and time. I appreciate it so very much!

Posted

I agree with prior Counsel.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com

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Posted

Probably yes if it is a class B or C felony. No if Class A. It is a motion to vacate both your plea and sentence. You might as well also petition to restore your firearm rights, as all it would take is two more very simple forms.

If it is a King County case, King County uses the state-wide forms for vacating a conviction, which can be found here: http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=38

The last document on that webpage explains the process to some extent (CR 08.0930).

You will need to get your criminal history from WATCH online using a credit card (I think it is $10) here: https://fortress.wa.gov/wsp/watch/

You also will need to get a copy of the judgment and sentence from your case (you will need to go to the court clerk's office), and a copy of the Order of Discharge from probation/community custody.

You will need to fill out the Motion and Declaration for Order Vacating Conviction and an Order Vacating Conviction; then mail a copy to the Judge who sentenced you (or the Chief Criminal Judge if your sentencing judge is no longer on the bench) and another copy to the Prosecuting Attorney's office, "Attn: post-sentencing unit", and you will need to properly note the motion (See local rules here: http://www.kingcounty.gov/courts/Clerk/Rules/LocalRulesbyIndividualLink.aspx).

I am not sure if the forms to restore firearm rights are available online, but if you email me, I can email them to you.

Good luck, and feel free to contact me if you have any other questions. I have recently successfully vacated a client's felony conviction and restored his firearms rights in King County. It is easy if you are eligible, and I would be happy to help.

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Asker

Posted

Thank you so very much for your time and guidance. I so appreciate it!

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